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Civil Rights

February 18, 2015

An Ivy League university is being criticized from its own law professors regarding school procedures for dealing with sexual assault complaints against students.

More than a dozen professors from Pennsylvania Law School signed a letter objecting the university’s latest sexual misconduct policy, which they believe doesn’t protect the rights of the accused. The publicly-exposed letter comes in the heels of a similar incident by professors at the Harvard Law School.

Penn professors are also troubled that the accused students are barred from getting an attorney to cross-examine witnesses against them.

A representative from the university’s administration defended the school’s policies.

The U.S. Department of Education’s Office of Civil Rights has given instructions to schools to utilize the preponderance of evidence standard in handling sexual misconduct situations.

The Pennsylvania Law School isn’t among the number of colleges being looked into by the agency for investigation or dealing with any sexual abuse complaints.

November 10, 2014

With Ms. Lynch awaiting a vote from the Senate, her opinion on law enforcement-community relations leaves a lot to be curious about. Such issue was a big deal for outgoing Eric Holder, the Attorney General, whose civil right probe of a Ferguson, Mo. police department is among the cases Lynch will likely deal with.

Lynch spoke about how a civil approach against police departments can usher in new systematic changes regarding the recent widespread misconduct.

If confirmed, she would be the first black female in U.S. history to handle the job of America’s high ranking law enforcement official.

Lynch previously prosecuted police brutality claims made by Abner Louima, a victim who was sodomized in a bathroom of a Brooklyn precinct after being arrested for assaulting a police officer.

Lynch will take over the investigation of the Ferguson PD that was launched by the Justice Department in the wake of 18-year old Michael Brown’s shooting death.

October 27, 2014

Chris Christie, an NJ governor, recently indicated that a nurse currently held in a Newark hospital would be given a chance to leave the state and sent to her home in Maine.

Christie, who was heavily criticized after Kaci Hickox, a nurse, was documented in isolation at a hospital in Newark, said the person is still subjected to a mandatory quarantine under the state’s laws in Maine, but with Maine officials to regulate it.

Hickox, who was detained for treating patients diagnosed with Ebola in Sierra Leone, retained a civil rights lawyer and would file a suit to keep the nurse off her current quarantine state.

Legal experts aren’t agreeing with the nurse’s ability to fight off against her quarantine.

The NJ Department of Health said that efforts were made to keep Hickox as comfortable as possible with access to a mobile device, computer, and choice of food.

It was reported that the state’s mandatory quarantine policy infringes on the constitutional right of the nurse and appears to be too broad.

October 13, 2014

With just under three weeks prior to elections for the governor and U.S. Senate, an escalating battle between a Republican secretary of state of Georgia and a Democratic-favoring voter registration group is making a move to court.

Third Sector Development Inc., a non-profit parent of the New Georgia Project, filed a suit against Brain Kempt, the Secretary of the State, and several other county election board members, alleging the officials to have failed in processing thousands of vote applications for next month’s vote.

Another group, The National Association of Advancement of Colored People, joined the suit.

The New Georgia Project indicated it gave over 80,000 new voter applications to the county election boards. But it seems that the new board couldn’t spot records of over 40,000 of its vote applications.

The lawsuit, filed last week, came weeks after Kempt began an investigation on a possible fraud for certain applications given by the group.

Kemp’s counsel, Ryan Germany, sent a letter to Washington indicating more details on voter application is needed.

October 1, 2014

A court of federal appeals blocked parts of North Carolina’s voting law ahead of time for elections next month, ruling that they’ll disenfranchise black voters.

A decision of 2-1 by the 4th U.S. Circuit of Appeals situated in Richmond is a win for the current administration, which faced off the law with civil rights groups. This was also a loss to Republicans, who believe that the change triggered by the ruling could be chaotic for the election polls next month.

The court ruling halts a couple changes to the rules of voting brought in by the statehouse in the previous year: not allowing same-day registration and casting votes out of the precinct on Election Day. The court of appeals, however, left an early scaled-back voting time frame.

North Carolina is just one of the several states in the country currently facing issues regarding their election laws. A Senate race this November election makes the state a closely-monitored case.

A court ruling recently this week overturned a trial court decision last August.

August 12, 2014

For the last 14 months every state which heard cases pertaining to bans on same sex marriages have lifted the ban stating they were unconstitutional. This week for the first time, a judge in Tennessee has been the first to allow a ban to stand. Roane County Circuit Judge Russell E. Simmons, Jr. ruled in a case which involved two gay men who had married four years ago in the state of Iowa. The two are now seeking a divorce in their state of residence, Tennessee. Simmons became the first judge since June 2013 and the SC decision in US v. Windsor to reject the idea that the Windsor decision removed the state's authority to ban marriages for same sex couples. Simmon's decision is however, limited to cases which are involving a divorce in a state which does not recognize same sex marriages. Simmons did state that the issue really should be raised in an appellate court which has much broader authority than that which a trial judge has.

August 11, 2014

Late last week a federal judge lengthened the moratorium on Ohio's executions by another five months. This move comes amid controversy and scrutiny surrounding the type of "cocktail" the state desires to use for its executions. U.S. District Court Judge Gregory Frost issued the ruling last Friday stating that more time is needed to determine the appropriate steps to take toward implementing and adopting a new protocol for executions.

Judge Frost had already ordered a halt to the state's executions back in May after the botched Oklahoma execution. The halt on executions was supposed to expire later this week. In January, Ohio had performed a lengthy execution in which they had used a combination of drugs which had not been tested. Ohio plans on using these two drugs but increasing the dosage.

The ACLU has requested a national suspension of executions because of the string of "botched" executions of recent months.

As part of a settlement agreement, Barneys the upscale retailer has agreed to pay $525000. The retailer is accused of racially profiling customers and deliberately targeting minorities who entered the store located on Madison Avenue, its flagship store. Customers and former employees complained the the New York Attorney General's investigators that there was a racial profiling at the high-end store. The store stated that they were simply trying to crack down on the dramatic spike in both credit card fraud and shoplifting. According to the complainants, the security team at the store was habitually watching over black and Hispanic shoppers. The store's data showed that from October 2012 to October 2013 there were far more black and Hispanic shoppers detained than the percent of the store's customer base demonstrated. Barneys has agreed to pay the monetary value in fines and legal expenses as well as hirng an "anti-profiling consultant" for the next two years in order to improve and update detention policies and improve the training for store personnel.

July 17, 2014

In 2008, 62% of Florida voters voted to outlaw gay marriage in Florida. Earlier today the Florida Keys based court declared the state's ban on same sex marriage as unconstitutional. Circuit Judge Luis M. Garcia stated that the decision was not based on what might be popular, but about doing the right thing. Even as gay couples were beginning to celebrate their victory in court today, Attorney General Pam Bondi immediately responded by filing an appeal. While the court's decision would have allowed gay and lesbian couples to begin to file for a marriage license, Bondi's immediate action will put a hold on it for now. Even if same sex couples file for a license in Monroe County, it would not be recognized by other counties or by the state of Florida which makes one question their practical value. The final ruling is expected very soon from a federal judge located in Tallahassee who will have to decide whether or not the refusal to recognize same sex marriages by other states is constitutional or not.